cfr_sections
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68 rows where part_number = 14 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 50:50:1.0.1.2.8.1.7.1 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | A | Subpart A—Introduction | § 14.1 Purpose of regulations. | FWS | The regulations contained in this part provide uniform rules and procedures for the importation, exportation, and transportation of wildlife. | ||||
| 50:50:1.0.1.2.8.1.7.2 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | A | Subpart A—Introduction | § 14.2 Scope of regulations. | FWS | The provisions in this part are in addition to, and do not supersede other regulations of this subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and transportation of wildlife. | ||||
| 50:50:1.0.1.2.8.1.7.3 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | A | Subpart A—Introduction | § 14.3 Information collection requirements. | FWS | [88 FR 38372, June 12, 2023] | The Office of Management and Budget (OMB) has approved the information collection requirements contained in this part under 44 U.S.C. 3507 and assigned OMB Control Numbers 1018-0012, 1018-0092, and 1018-0192. The Service may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. You may direct comments regarding these information collection requirements to the Service's Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b). | |||
| 50:50:1.0.1.2.8.1.7.4 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | A | Subpart A—Introduction | § 14.4 What terms do I have to understand? | FWS | [61 FR 31868, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999] | In addition to definitions contained in part 10 of this subchapter, in this part: Accompanying personal baggage means all hand-carried items and all checked baggage of a person entering into or departing from the United States. Accredited scientist means any individual associated with, employed by, or under contract to and accredited by an accredited scientific institution for the purpose of conducting biological or medical research, and whose research activities are approved and sponsored by the scientific institution granting accreditation. Accredited scientific institutions means any public museum, public zoological park, accredited institution of higher education, accredited member of the American Zoo and Aquarium Association, accredited member of the American Association of Systematic Collections, or any State or Federal government agency that conducts biological or medical research. Commercial means related to the offering for sale or resale, purchase, trade, barter, or the actual or intended transfer in the pursuit of gain or profit, of any item of wildlife and includes the use of any wildlife article as an exhibit for the purpose of soliciting sales, without regard to quantity or weight. There is a presumption that eight or more similar unused items are for commercial use. The Service or the importer/exporter/owner may rebut this presumption based upon the particular facts and circumstances of each case. Domesticated animals includes, but is not limited to, the following domesticated animals that are exempted from the requirements of this subchapter B (except for species obtained from wild populations). Mammals: Alpaca— Lama alpaca; Camel— Camelus dromedarius; Camel (Boghdi)— Camelus bactrianus; Cat (domestic)— Felis domesticus; Cattle— Bos taurus; Dog (domestic)— Canis familiaris; European rabbit— Ortyctolagus cuniculus; Ferret (domestic)— Mustela putorius; Goat— Capra hircus; Horse— Equus caballus; Llama— Lama glama; Pig— Sus scrofa; Sheep— Ovis aries; Water buffalo— Bubalus bub… | |||
| 50:50:1.0.1.2.8.10.10.21 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.151 Primary enclosures. | FWS | (a) Except as provided in § 14.106(j), ventilation openings must be located on at least two walls of a primary enclosure. When the required ventilation openings are located on two opposite walls of the primary enclosure, these ventilation openings shall comprise at least 16 percent of the total surface area of the ventilated wall. When ventilation openings are located on all four walls, the openings shall comprise at least 8 percent of the total surface area of each wall. At least one-third of the total minimum area required for ventilation of the primary enclosure shall be located on the upper one-half of the primary enclosure. (b) No more than one sloth, bat, or flying lemur (Cynocephalidae) shall be transported in a primary enclosure. However, a mother and her nursing young being transported for medical reasons, an established male-female pair, a family group, a pair of juvenile animals that have not reached puberty, or other small groups of animals that have been habitually housed together may be shipped in the same primary enclosure. (c) A primary enclosure used to transport sloths, bats, or flying lemurs shall be large enough to ensure that each animal has sufficient space to move freely and in a normal manner and shall have a wide perch, bar, or mesh of suitable strength fitted under the top of the enclosure and spaced from it in such a way that the animals may hang from it freely in a natural position. | ||||
| 50:50:1.0.1.2.8.10.11.22 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.161 Primary enclosures. | FWS | (a) Except as provided in § 14.106(j), ventilation openings must be located on at least two walls of a primary enclosure. When the required ventilation openings are located on two opposite walls of the primary enclosure, these ventilation openings shall comprise at least 16 percent of the total surface area of each ventilated wall. When openings are located on all four walls of the enclosure, the openings shall comprise at least 8 percent of the total surface area of each wall. At least one-third of the minimum area required for ventilation shall be located on the lower one-half of the enclosure, and at least one-third of the total minimum area required for ventilation shall be located on the upper one-half of the enclosure. (b) No more than one terrestrial mammal (other than rodents) shall be transported in a primary enclosure. However, a mother and her nursing young may be shipped in the same primary enclosure if the shipment complies with the provisions of § 14.105(b). (c) More than one rodent may be transported in the same primary enclosure if they are members of the same species and are maintained in compatible groups. Rodents that are incompatible shall be transported in individual primary enclosures that are stored and transported so they are visually separated. A female with young being transported for medical reasons shall not be placed in a primary enclosure with other animals. The following chart specifies maximum densities minimum space for transporting rodents that fall within the specified weight limitations. Max. No. refers to maximum number per primary enclosure; Space/animal refers to minimum area of floor space per animals. Rodents weighing more than 5,000 grams shall be transported in individual enclosures. Density Guidelines for Rodents (d) A primary enclosure used to transport terrestrial mammals shall be large enough to ensure that each animal has sufficient space to turn around freely in a normal manner. The height of the primary enclosure shall provide adequate space for the animal to … | ||||
| 50:50:1.0.1.2.8.10.12.23 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.171 Consignment to carrier. | FWS | (a) A personally owned pet bird originally transported from the United States and being returned to this country with its original United States certificate of veterinary inspection within 60 days of departure may be accepted by a carrier without a new veterinary examination. (b) No carrier shall accept for transport to the United States any bird that was captured in the wild unless a qualified veterinarian, authorized by the national government of the country from which the bird is being exported, certifies that the bird has been held in captivity for at least 14 days. | ||||
| 50:50:1.0.1.2.8.10.12.24 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.172 Primary enclosures. | FWS | (a) A primary enclosure for birds shall have ventilation openings on two vertical sides that comprise at least 16 percent of the surface area of each side and are positioned so as to decrease the likelihood of creating a draft. (b) Perches shall be provided for birds that rest by perching. The diameter of the perch shall be sufficient to permit the birds to maintain a firm, comfortable grip. Perches shall be placed so that droppings do not fall into food or water troughs or onto other perched birds. There shall be enough head room to allow the birds to move onto and off the perches without touching the top of the enclosure. (c) An enclosure used to transport one or more birds that rest by perching shall be large enough to ensure that sufficient perch space is available for all birds to perch comfortably at the same time. No more than 50 birds that rest by perching shall be transported in one primary enclosure, with the exception of large birds (longer than 23 cm, or 9 inches), which are limited to a maximum of 25 per primary enclosure. (d) A primary enclosure used to transport a raptorial bird shall be large enough to transport the bird comfortably and to permit it to turn around without stretching its wings to the fullest extent. Only one raptorial bird shall be contained in a primary enclosure. (e) A primary enclosure containing nonraptorial birds that do not rest by perching shall be large enough for the birds to turn around, to lie down, to stand erect, and to change posture in a normal manner. (f) Nectar-feeding birds shall either be transported in a primary enclosure equipped with feeding bottles accessible from outside the enclosure for replenishment or hand-carried and fed in accordance with the written instructions of the shipper. (g) Birds transported in the same primary enclosure shall be of the same species and be compatible with one another. Birds that are incompatible shall be placed in individual primary enclosures and these enclosures shall not be stored or transported in visual proximity to… | ||||
| 50:50:1.0.1.2.8.10.7.1 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.101 Purposes. | FWS | The purpose of this subpart is to prescribe requirements necessary to ensure that live wild mammals and birds shipped to the United States arrive alive, healthy, and uninjured, and that transportation of such animals occurs under humane and healthful conditions. These regulations implement section 9(d) of the Lacey Act Amendments of 1981. | ||||
| 50:50:1.0.1.2.8.10.7.10 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.110 Terminal facilities. | FWS | (a) Any terminal facility used for wild mammal or bird transport in the country of export, stopover countries, or the United States shall contain an animal holding area or areas. No carrier or shipper shall co-mingle live animal shipments with inanimate cargo in an animal holding area. (b) A carrier or shipper holding any wild mammal or bird in a terminal facility shall provide the following: (1) A holding area cleaned and sanitized so as to destroy pathogenic agents, maintained so that there is no accumulation of debris or excreta, and in which vermin infestation is minimized; (2) An effective program for the control of insects, ectoparasites, and pests of mammals or birds; (3) Sufficient fresh air to allow the animals to breathe normally with ventilation maintained so as to minimize drafts, odors, and moisture condensation; (4) Ambient air temperatures maintained within prescribed limits as specified in § 14.109(b). | ||||
| 50:50:1.0.1.2.8.10.7.11 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.111 Handling. | FWS | (a) Care shall be exercised to avoid handling the primary enclosure in a manner likely to cause physical or psychological trauma to the mammal or bird. (b) A primary enclosure used to move any mammal or bird shall not be dropped, tipped excessively, or otherwise mishandled, and shall not be stacked or placed in a manner that may reasonably be expected to result in its falling or being tipped. (c) Animals incompatible with one another shall not be crated together or held in close proximity. (d) Transport of mammals or birds to the United States shall be accomplished by the carrier in the most expeditious manner, with the fewest stopovers possible, and without unnecessary delays. (e) Consistent with other procedures and requirements of the carrier, live wild mammals or birds shall be last loaded and first unloaded from a conveyance. (f) A carrier shall not allow mammals or birds to remain for extended periods of time outside a holding area and shall move them between a holding area and a conveyance as expeditiously as possible. A carrier or shipper maintaining mammals or birds in a holding area, or transporting them to or from a holding area or between a holding area and a conveyance, shall provide the following: (1) Shelter from sunlight. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to protect animals from the direct rays of the sun. (2) Shelter from precipitation. Animals shall be provided protection so that they remain dry during rain, snow, or other forms of precipitation. (3) Shelter from cold. Animals shall be provided protection from cold. Protection shall include, but not be limited to, that provided by covering and/or heating of transporting devices, holding areas, conveyances or terminal facilities. (4) Protection from harassment. Animals shall be protected from disturbances, including, but not limited to, harassment by humans, other animals, or machinery that makes noise, emits fumes, heat, or light, or causes vibration. | ||||
| 50:50:1.0.1.2.8.10.7.12 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.112 Other applicable provisions. | FWS | In addition to the provisions of §§ 14.101-14.111, the requirements of §§ 14.121-14.172 applicable for particular groups of animals shall be met for all shipments of wild mammals and birds covered by this part. | ||||
| 50:50:1.0.1.2.8.10.7.13 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.121 Primary enclosures. | FWS | (a) No more than one primate shall be transported in a primary enclosure. However, a mother and her nursing young being transported to the United States for medical treatment, an established male-female pair, a family group, a pair of juvenile animals that have not reached puberty, or other pairs of animals that have been habitually housed together may be shipped in the same primary enclosure. Primates of different species shall not be shipped together in the same enclosure. (b) A primary enclosure used to transport a primate shall be large enough to ensure that the animal has sufficient space to turn around freely in a normal manner, lie down, stand up (as appropriate for the species), and sit in a normal upright position without its head touching the top of the enclosure. However, a primate may be restricted in its movements according to professionally accepted standards of care when greater freedom of movement would constitute a danger to the primate or to its handler or other persons. (c) Except as provided in § 14.106(j), ventilation openings must be located on at least two walls of a primary enclosure. When the required ventilation openings are located on two opposite walls of the primary enclosure, these ventilation openings shall comprise at least 30 percent of the total surface area of the ventilated wall and be situated above the midline of the enclosure. If ventilation openings are located on all four walls of the enclosure, the openings on each wall shall comprise at least 20 percent of the total surface area of the wall and be situated above the midline of the primary enclosure. | ||||
| 50:50:1.0.1.2.8.10.7.14 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.122 Food and water. | FWS | (a) A nonhuman primate shall be provided water suitable for drinking within 4 hours prior to commencement of transport to the United States unless the shipper's written instructions direct otherwise. A carrier shall provide suitable drinking water to any primate at least every 12 hours after acceptance for transport to the United States, unless instructed in writing to do so more frequently by the shipper. (b) After acceptance for transport, and unless otherwise instructed in writing by the shipper, a carrier shall provide suitable food to any nonhuman primate at least once every 12 hours. | ||||
| 50:50:1.0.1.2.8.10.7.15 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.123 Care in transit. | FWS | (a) A primate shall be observed for signs of distress and given food and water according to the shipper's instructions during any intermediate stop that lasts more than 4 hours. (b) Care shall be taken to keep enclosures containing primates sufficiently separated in the conveyance or holding area to minimize the risk of spread of disease from one species or shipment to another. | ||||
| 50:50:1.0.1.2.8.10.7.2 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.102 Definitions. | FWS | In addition to the definitions contained in part 10 of subchapter B of this chapter, in this subpart— Ambient air temperature means the temperature of the air surrounding a primary enclosure containing a wild mammal or bird. Auxiliary ventilation means cooling or air circulation provided by such means as vents, fans, blowers, or air conditioning. Carrier means any person operating an airline, railroad, motor carrier, shipping line, or other enterprise engaged in the business of transporting any wild mammal or bird for any purpose including exhibition and for any person, including itself. Communicable disease means any contagious, infectious, or transmissible disease of wild mammals or birds. Conveyance means any vehicle, vessel, or aircraft employed to transport an animal between its origin and destination. Do not tip means do not excessively rock or otherwise move from a vertical to a slanting position, knock over, or upset. Handle means feed, manipulate, crate, shift, transfer, immobilize, restrain, treat, or otherwise control the movement or activities of any wild mammal or bird. Holding area means a designated area at or within a terminal facility that has been specially prepared to provide shelter and other requirements of wild mammals or birds being transported to the United States and in which such mammals or birds are maintained prior to, during, or following such shipment. Kept clean means maintained free from dirt, trash, refuse, excreta, remains from other cargo, and impurities of any type. Marine mammal means an individual of a species of the orders Cetacea, Pinnipedia, or Sirenia, or a polar bear ( Ursus maritimus ) or sea otter ( Enhydra lutris ). Noncompatible means not capable of existing together in harmony. Nonhuman primate means any nonhuman member of the order Primates. Normal rigors of transportation means the stress that a wild animal can be expected to experience as a result of exposure to unaccustomed surroundings, unfamiliar confinement, caging, unfamiliar sounds… | ||||
| 50:50:1.0.1.2.8.10.7.3 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.103 Prohibitions. | FWS | Unless the requirements of this subpart are fully satisfied and all other legal requirements are met, it is unlawful for any person to transport to the United States, cause to be transported to the United States, or allow to be transported to the United States any live wild mammal or bird. It shall be unlawful for any person to import, to transport, or to cause or permit to be transported to the United States any wild mammal or bird under inhumane or unhealthful conditions or in violation of this subpart J. | ||||
| 50:50:1.0.1.2.8.10.7.4 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.104 Translations. | FWS | Any certificate or document required by this subpart to accompany a mammal or bird transported to the United States and written in a foreign language must be accompanied by an accurate English translation. | ||||
| 50:50:1.0.1.2.8.10.7.5 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.105 Consignment to carrier. | FWS | (a) No carrier shall accept any live wild mammal or bird for transport to the United States that has not been examined within 10 days prior to commencement of transport to the United States by a veterinarian certified as qualified by the national government of the initial country from which the mammal or bird is being exported. If the national government of such country does not certify veterinarians, then the veterinarian must be certified or licensed by a local government authority designated by the national government as authorized to certify veterinarians. (b)(1) A certificate of veterinary medical inspection, signed by the examining veterinarian, stating that the animal has been examined, is healthy, appears to be free of any communicable disease, and is able to withstand the normal rigors of transport must accompany the mammal or bird; the certificate should include the veterinarian's license number, certification number, or equivalent. A mammal in the last third of its pregnancy, if this is detectable using professionally accepted standards, shall not be accepted for transport to the United States except for medical treatment and unless the examining veterinarian certifies in writing that the animal has been examined, the state of pregnancy has been evaluated, and that, despite the medical condition requiring treatment, the animal is physically able to withstand the normal rigors of transportation to the United States. (2) A nursing mother with young, an unweaned mammal unaccompanied by its mother, or an unweaned bird shall be transported only if the primary purpose is for needed medical treatment and upon certification in writing by the examining veterinarian that the treatment is necessary and the animal is able to withstand the normal rigors of transport. Such an unweaned mammal or bird shall not be transported to the United States for medical treatment unless it is accompanied at all times by and completely accessible to a veterinary attendant. (c) A sick or injured wild mammal or bird shall be perm… | ||||
| 50:50:1.0.1.2.8.10.7.6 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.106 Primary enclosures. | FWS | [57 FR 27108, June 17, 1992, as amended at 59 FR 36719, July 19, 1994; 69 FR 18803, Apr. 9, 2004; 79 FR 43964, July 29, 2014] | No carrier shall accept for transport to the United States any live wild mammal or bird in a primary enclosure that does not conform to the following requirements: (a) The Container Requirements of the Live Animal Regulations (LAR), 20th edition, October 1, 1993, published by the International Air Transport Association (IATA) shall be complied with by all parties transporting wild mammals or birds to the United States. The incorporation by reference of the LAR was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from IATA, 2000 Peel St., Montreal, Quebec, Canada H3A 2R4. Copies may be inspected at the U.S. Fish and Wildlife Service Headquarters (see 50 CFR 2.1(b) for address) or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) A primary enclosure shall be constructed so that— (1) The strength of the enclosure is sufficient to contain the mammal or bird and to withstand the normal effects of transport; (2) The interior of the enclosure is free from any protrusion that could be injurious to the mammal or bird within; (3) No part of the animal can extend or protrude outside of the primary enclosure which may result in injury to the contained animal, to nearby persons or animals, or to handlers of the primary enclosure; (4) Access to the primary enclosure is closed and secured with an animal-proof device designed to prevent accidental opening and release of the mammal or bird; (5) The opening of the enclosure is easily accessible for either emergency removal or inspection of the mammal or bird by authorized personnel without the risk of escape of the mammal or bird; (6) The enclosure has sufficient openings to ensure adequate circulation of air at all times. (7) The material of which the primary enclosure is constructed is not treated with … | |||
| 50:50:1.0.1.2.8.10.7.7 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.107 Conveyance. | FWS | (a) The animal cargo space of a conveyance used to transport wild mammals or birds to the United States shall be designed, constructed, and maintained so as to ensure the humane and healthful transport of the animals. (b) The cargo space shall be constructed and maintained so as to prevent the harmful ingress of engine exhaust fumes and gases produced by the conveyance. (c) No wild mammal or bird shall be placed in a cargo space of a conveyance that does not provide sufficient air for it to breathe normally. Primary enclosures shall be positioned in a cargo space in such a manner that each animal has access to sufficient air for normal breathing. (d) The interior of an animal cargo space shall be kept clean of disease-causing agents. (e) A wild mammal or bird shall not be transported in a cargo space that contains any material, substance, or device that may reasonably be expected to result in inhumane conditions or be injurious to the animal's health unless all reasonable precautions are taken to prevent such conditions or injury. | ||||
| 50:50:1.0.1.2.8.10.7.8 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.108 Food and water. | FWS | (a) No carrier shall accept any wild mammal or bird for transport to the United States unless written instructions from the shipper concerning the animal's food and water requirements are securely affixed to the outside of its primary enclosure. Such instructions shall be consistent with professionally accepted standards of care and include specifically the quantity of water required, the amount and type of food required, and the frequency of feeding and watering necessary to ensure that the animal is transported humanely and healthfully. (b) A mammal or bird requiring drinking water shall have uncontaminated water suitable for drinking made available to it at all times prior to commencement of transport to the United States, during intermediate stopovers, and upon arrival in the United States, or as directed by the shipper's written instructions. (c) A mammal or bird that obtains moisture from fruits or other food shall be provided such food prior to commencement of transport to the United States, during stopovers, and upon arrival in the United States, or as directed by the shipper's written instructions. (d) During a stopover or while still in the custody of the carrier after arrival in the United States, a mammal or bird in transit shall be observed no less frequently than once every four hours and given food and water according to the instructions required by § 14.108(a). (e) Suitable and sufficient food shall be made available during transport. (f) Additional requirements for feeding and watering particular kinds of animals are found below in the specifications for the various groups. | ||||
| 50:50:1.0.1.2.8.10.7.9 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.109 Care in transit. | FWS | (a) During transportation to the United States, including any stopovers during transport, the carrier shall visually inspect each primary enclosure not less than once every 4 hours, or in the case of air transport, every 4 hours whenever the cargo hold is accessible. During such inspections, the carrier shall verify that the ambient air temperature is within allowable limits (see § 14.109(b)), that enclosures have not been damaged, that adequate ventilation is being provided, and when transport is by air, that air pressure suitable to support live animals is maintained within the cargo area (pressure equivalent to a maximum altitude of 8000 feet). During these observations the carrier shall also determine whether any animals are in obvious distress as described in documents attached to the enclosure. The absence of such a document or the absence of information as to signs of distress shall not remove this responsibility. The carrier shall attempt to correct any condition causing distress and shall consult the shipper concerning any possible need for veterinary care if no veterinary attendant is traveling with the shipment; if the shipper cannot be reached in the case of an emergency, qualified veterinary care should be provided. A veterinarian or qualified attendant traveling with the shipment shall be provided access to the animal. (b) Unless otherwise specified in writing by the examining veterinarian the ambient air temperature in a holding area, transporting device, conveyance or terminal facility containing mammals or birds shall not be allowed to fall below 12.8 degrees C (55 degrees F) nor to exceed 26.7 degrees C (80 degrees F). Auxiliary ventilation shall be provided when the ambient air temperature is 23.9 degrees C (75 degrees F) or higher. In the case of penguins and auks, the ambient air temperature shall not be allowed to exceed 18.3 degrees C (65 degrees F) at any time, and auxiliary ventilation shall be provided when the ambient air temperature exceeds 15.6 degrees C (60 degrees F). In the case o… | ||||
| 50:50:1.0.1.2.8.10.8.16 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.131 Primary enclosures. | FWS | (a) A primary enclosure that is not open on top shall have air inlets situated at heights that provide cross ventilation at all levels and that are located on all four sides of the enclosure. Such ventilation openings shall comprise not less than 20 percent of the total surface area of each side of the enclosure. (b) Straps, slings, harnesses, or other such devices used for body support or restraint when transporting marine mammals such as cetaceans or sirenians shall meet the following requirements: (1) The devices shall not prevent attendants from having access to the mammal to administer care during transportation; (2) The devices shall be equipped with sufficient padding to prevent trauma or injury at points of contact with the mammal's body; (3) Slings or harnesses shall allow free movement of flippers outside of the harness or sling; (4) The devices shall be capable of preventing the mammal from thrashing about and causing injury to itself, handlers, or other persons, but shall be designed so as not to cause injury to the mammal. (c) A primary enclosure used to transport marine mammals shall be large enough to assure the following: (1) A sea otter or polar bear has sufficient space to turn about freely with all four feet on the floor and to sit in an upright position, stand, or lie in a natural position; (2) A pinniped has sufficient space to lie in a natural position; (3) If a sling, harness, or other supporting device is used, there are at least 3 inches (7.5 centimeters) of clearance between any body part and the primary enclosure; (d) A marine mammal may be restricted in its movements according to professionally accepted standards of care when freedom of movement would constitute a danger to the animal or to handlers or other persons. (e) All marine mammals contained in a given primary enclosure shall be of the same species and be maintained in compatible groups. A marine mammal that has not reached puberty shall not be transported in the same primary enclosure with an adult marine mammal oth… | ||||
| 50:50:1.0.1.2.8.10.8.17 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.132 Food and water. | FWS | A marine mammal shall not be transported for more than a period of 36 hours without being offered suitable food unless the shipper's written instructions or the shipper's attendant travelling with the mammal direct otherwise. After feeding, a marine mammal shall be rested for 6 hours prior to resuming transport. | ||||
| 50:50:1.0.1.2.8.10.8.18 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.133 Care in transit. | FWS | (a) Any marine mammal shall be accompanied, in the same conveyance, by the shipper or an authorized representative of the shipper knowledgeable in marine mammal care to provide for the animal's health and well-being. The shipper or representative shall observe such marine mammals to determine whether or not they need veterinary care and shall provide or obtain any needed veterinary care as soon as possible. Care during transport shall include the following (on a species-specific basis): (1) Keeping the skin moist or preventing the drying of the skin by such methods as covering with wet cloths, spraying it with water or applying a nontoxic emollient; (2) Assuring that the pectoral flippers (when applicable) are allowed freedom of movement at all times; (3) Making adjustments in the position of the mammal when necessary to prevent necrosis of the skin at weight pressure points; and (4) Calming the mammal to prevent struggling, thrashing, and other activity that may cause overheating or physical trauma. (b) Unless otherwise directed by a shipper or authorized representative, at least one-half of the floor area in a primary enclosure used to transport sea otters to the United States shall contain sufficient crushed ice or ice water to provide each otter with moisture necessary to maintain its hair coat by preventing it from drying and to minimize soiling of the hair coat with urine and fecal material. (c) A marine mammal exhibiting excited or otherwise dangerous behavior shall not be taken from its primary enclosure except under extreme emergency conditions and then only by the shipper or other authorized individual who is capable of handling the animal safely. | ||||
| 50:50:1.0.1.2.8.10.9.19 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.141 Consignment to carrier. | FWS | Species that grow antlers shall not be accepted for transport unless the antlers have been shed or surgically removed. | ||||
| 50:50:1.0.1.2.8.10.9.20 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | J | Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States | § 14.142 Primary enclosures. | FWS | (a) Except as provided in § 14.106(j), ventilation openings must be located on at least two walls of a primary enclosure. When the required ventilation openings are located on two opposite walls of the primary enclosure, these ventilation openings shall comprise at least 16 percent of the total surface area of each ventilated wall. When ventilation openings are located on all four walls of the primary enclosure, the openings shall comprise at least 8 percent of the total surface area of each wall. At least one-third of the minimum area required for ventilation shall be located on the lower one-half of the primary enclosure and at least one-third of the total minimum area required for ventilation shall be located on the upper one-half of the primary enclosure. (b) No more than one elephant or ungulate shall be transported in a primary enclosure, except that: a mother and nursing young may be shipped in the same primary enclosure if the shipment complies with the provisions of § 14.105(b); in the case of land or sea transport, a pair of juvenile elephants or ungulates or other pairs that have been habitually housed together may be shipped in the same primary enclosure. (c) A primary enclosure used to transport an elephant or ungulate shall be large enough to allow the animal to lie or stand in a natural upright position with the head extended, but not large enough for the animal to roll over. (d) A primary enclosure used to transport an elephant or ungulate with horns or tusks shall be designed and constructed to prevent the horns or tusks from becoming trapped or injuring the animal itself, other animals nearby, attendants, or cargo handlers. (e) A primary enclosure for an elephant or ungulate shall be equipped with a removable water trough that can be securely hung within the enclosure above the floor and can be filled from outside the enclosure. | ||||
| 50:50:1.0.1.2.8.11.13.1 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | K | Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act | § 14.250 What is the purpose of the regulations in this subpart? | FWS | The regulations in this subpart implement the Big Cat Public Safety Act (BCPSA), 136 Stat. 2336, which amended the Captive Wildlife Safety Act (CWSA), 117 Stat. 2871, which amended the Lacey Act Amendments of 1981, 16 U.S.C. 3371-3378. | ||||
| 50:50:1.0.1.2.8.11.13.2 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | K | Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act | § 14.251 What other regulations may apply? | FWS | The provisions of this subpart are in addition to, and are not in place of, other regulations of this subchapter, or other Federal, State, Tribal, or territorial laws or regulations, that may require a permit or describe additional restrictions or conditions for the importation, exportation, transportation, sale, receipt, acquisition, or purchase of any prohibited wildlife species in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or breeding of any prohibited wildlife species, or possessing of any prohibited wildlife species. | ||||
| 50:50:1.0.1.2.8.11.13.3 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | K | Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act | § 14.252 What definitions do I need to know? | FWS | In addition to the definitions contained in part 10 of this subchapter, and unless the context otherwise requires, in this subpart: Breed means to facilitate propagation or reproduction (whether intentionally or negligently) or to fail to prevent propagation or reproduction. Date of enactment of the BCPSA means December 20, 2022. Direct contact or direct physical contact means any situation in which any individual may potentially touch or otherwise come into physical contact with any live specimen of the prohibited wildlife species. Licensed entity means any individual, facility, agency, or other entity that holds a valid Class “C” license from and is inspected by the U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq. ) (See definition of “ Class “C” licensee (exhibitor)” in 9 CFR 1.1.), holds such license in good standing, and meets the requirements in § 14.254. Prohibited wildlife species (also referred to as “big cats”) means a specimen of any of the following eight species: lion ( Panthera leo ), tiger ( Panthera tigris ), leopard ( Panthera pardus ), snow leopard ( Uncia uncia ), clouded leopard ( Neofelis nebulosa ), jaguar ( Panthera onca ), cheetah ( Acinonyx jubatus ), and cougar ( Puma concolor ) or any hybrids resulting from the breeding of any of these species, for example, a liger (a male lion and a female tiger) or a tiglon (a male tiger and a female lion), whether naturally or artificially produced. Propagation or reproduction means to allow or facilitate the production of offspring of any of the prohibited wildlife species, by any means. Public contact means the same as direct contact. Registered pre-BCPSA owner (also referred to as “registrant”) means an entity or individual that at the date of enactment of the BCPSA was in possession of any prohibited wildlife species that was born before the date of enactment of the BCPSA and that meets the requirements in § 14.255. Registered Feder… | ||||
| 50:50:1.0.1.2.8.11.13.4 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | K | Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act | § 14.253 What are the restrictions contained in the regulations in this subpart? | FWS | Except as provided in § 14.257, it is unlawful for any person to: (a) Import, export, transport, sell, receive, acquire, or purchase, in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live prohibited wildlife species; (b) Breed any live prohibited wildlife species; (c) Possess any live prohibited wildlife species; or (d) Attempt to commit any act described in paragraphs (a) through (c) of this section. | ||||
| 50:50:1.0.1.2.8.11.13.5 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | K | Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act | § 14.254 What are the requirements for a licensed entity or registered Federal facility? | FWS | To qualify for an exception in § 14.257, a licensed entity or a registered Federal facility must meet all of the requirements of this section. (a) A licensed entity or a registered Federal facility must not allow any individual to come into direct physical contact with a prohibited wildlife species, unless that individual is a: (1) Trained professional employee or contractor of the licensed entity or registered Federal facility (or an accompanying employee receiving professional training); (2) Licensed veterinarian (or a veterinary student accompanying such a veterinarian); or (3) Person who is directly supporting conservation programs of the licensed entity or registered Federal facility, the direct contact is not in the course of commercial activity (which may be evidenced by advertisement or promotion of such activity or other relevant evidence), and the direct contact is incidental to humane husbandry conducted pursuant to a species-specific, publicly available, peer-edited population management and care plan that has been provided to the Service with justifications that the plan— (i) Reflects established conservation science principles; (ii) Incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan; and (iii) Promotes animal welfare by ensuring that the frequency of breeding is appropriate for the species. (b) A licensed entity or a registered Federal facility must ensure that during public exhibition of any lion ( Panthera leo ), tiger ( Panthera tigris ), leopard ( Panthera pardus ), snow leopard ( Uncia uncia ), jaguar ( Panthera onca ), cougar ( Puma concolor ), or any hybrid resulting from the breeding of any of these species, whether naturally or artificially produced, the animal is at least 15 feet from members of the public unless there is a permanent barrier sufficient to prevent public contact. (c) A licensed entity or a registered Federal facility must maintain complete and accurate records of any possession, breeding, transportation, a… | ||||
| 50:50:1.0.1.2.8.11.13.6 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | K | Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act | § 14.255 What are the requirements for a registered pre-BCPSA owner? | FWS | To be a registered pre-BCPSA owner (also referred to as a “registrant”) and qualify for an exception in § 14.257, an entity or individual must meet all of the requirements of this section. (a) A registered pre-BCPSA owner must register each individual prohibited wildlife species in their possession with the Service's BCPSA registration form (Form Number 3-200-11) by no later than 180 days after the date of enactment of the BCPSA ( i.e., no later than June 18, 2023). Each individual prohibited wildlife species in the registrant's possession must: (1) Have been born: (i) Before the date of enactment of the BCPSA; or (ii) On or after the date of enactment of the BCPSA from breeding that occurred before the date of enactment of the BCPSA, only if the registrant provides documentation to the Service on the BCPSA registration form (Form Number 3-200-11) to prove the individual prohibited wildlife species was born on or after the date of enactment of the BCPSA from breeding that occurred before the date of enactment of the BCPSA; (2) Not have been acquired by the registrant after the date of enactment of the BCPSA ( i.e., legally in the registrant's possession on or before the date of enactment of the BCPSA and have remained continually in the registrant's possession); and (3) Be marked with a unique identifier that is either a tattoo or a microchip. (b) A registered pre-BCPSA owner must not: (1) Breed, acquire, or sell any prohibited wildlife species after the date of the enactment of the BCPSA (This requirement applies regardless of whether the activity is intrastate, interstate, or international); or (2) Allow direct contact between the public and any prohibited wildlife species after the date of the enactment of the BCPSA. (c) A registered pre-BCPSA owner must provide the Service with detailed information for each individual prohibited wildlife species as required by the Service in the BCPSA registration form (Form Number 3-200-11), including: (1) Common name of prohibited wildlife species; (2) Name gi… | ||||
| 50:50:1.0.1.2.8.11.13.7 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | K | Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act | § 14.256 What are the requirements for a wildlife sanctuary? | FWS | To qualify for an exception in § 14.257, a wildlife sanctuary must meet all of the requirements of this section. (a) A wildlife sanctuary must not: (1) Commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of such animals; (2) Breed any prohibited wildlife species; (3) Allow direct contact between the public and any prohibited wildlife species; or (4) Allow the transportation and display of any prohibited wildlife species offsite. (b) A wildlife sanctuary must maintain complete and accurate records of any possession, transportation, acquisition, receipt, disposition, importation, or exportation of prohibited wildlife species. (1) The records required by this paragraph (b) must be up to date and must include the names and addresses of persons to or from whom any prohibited wildlife species has been acquired, received, imported, exported, or otherwise transferred, and the dates of these transactions. (2) The wildlife sanctuary must maintain the records required by this paragraph (b) for the lifespan of each prohibited wildlife species and for 5 years after its death or disposition and must copy these records for Service officials, if requested. (3) The wildlife sanctuary must make the records required by this paragraph (b) available and allow access to its facilities and its prohibited wildlife specimens for inspection by Service officials at reasonable hours. | ||||
| 50:50:1.0.1.2.8.11.13.8 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | K | Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act | § 14.257 Are there any exceptions to the restrictions contained in the regulations in this subpart? | FWS | (a) The prohibitions of § 14.253 do not apply to: (1) A licensed entity or registered Federal facility that meets all of the requirements of § 14.254; (2) A State college, State university, or State agency; (3) A State-licensed veterinarian; (4) A wildlife sanctuary that meets all of the requirements of § 14.256; or (5) A person who: (i) Can produce documentation showing that they are transporting live prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species between individuals or entities that are excepted from the prohibitions in § 14.253; and (ii) Has no financial interest (whether in cash or in kind) in the prohibited wildlife species other than payment received for transporting them. (b) The prohibition on possession in § 14.253 does not apply to a registered pre-BCPSA owner who is in possession of any prohibited wildlife species that was: (1) Born and possessed by the registered pre-BCPSA owner before the date of enactment of the BCPSA and meets all of the requirements of § 14.255 for each of the prohibited wildlife species in their possession; or (2) Bred before and born on or after the date of enactment of the BCPSA, to a prohibited wildlife species possessed by the registered pre-BCPSA owner before the date of enactment of the BCPSA, if the registered pre-BCPSA owner provides documentation demonstrating that the breeding occurred before the date of enactment of the BCPSA and meets all of the requirements of § 14.255 for each of the prohibited wildlife species in their possession. | ||||
| 50:50:1.0.1.2.8.2.7.1 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.11 General restrictions. | FWS | [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980] | Except as otherwise provided in this part, no person may import or export any wildlife at any place other than a Customs port of entry designated in § 14.12. | |||
| 50:50:1.0.1.2.8.2.7.10 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.20 Exceptions by permit. | FWS | Wildlife may be imported into or exported from the United States at any Customs port of entry designated in the terms of a valid permit issued pursuant to subpart C of this part. | ||||
| 50:50:1.0.1.2.8.2.7.11 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.21 Shellfish and fishery products. | FWS | [61 FR 31868, June 21, 1996] | (a)(1) General. Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter, shellfish and fishery products imported or exported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes may enter or exit at any Customs port. (2) Except for wildlife requiring a permit pursuant to part 17 or part 23 of this subchapter, live aquatic invertebrates of the Class Pelecypoda (commonly known as oysters, clams, mussels, and scallops) and the eggs, larvae, or juvenile forms thereof may be exported for purposes of propagation, or research related to propagation, at any Customs port. (b) Pearls. Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter, pearls imported or exported for commercial purposes may enter or exit the United States at any Customs port of entry. For the purposes of this part, all references to the term shellfish and fishery products will include pearls. | |||
| 50:50:1.0.1.2.8.2.7.12 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.22 Certain antique articles. | FWS | [61 FR 31868, June 21, 1996] | Any person may import at any Customs Service port designated for such purpose, any article (other than scrimshaw, defined in 16 U.S.C 1539(f)(1)(B) and 50 CFR 217.12 as any art form that involves the etching or engraving of designs upon, or the carving of figures, patterns, or designs from, any bone or tooth of any marine mammal of the order Cetacea) that is at least 100 years old, is composed in whole or in part of any endangered or threatened species listed under § 17.11 or § 17.12 of this subchapter, and has not been repaired or modified with any part of any endangered or threatened species on or after December 28, 1973. | |||
| 50:50:1.0.1.2.8.2.7.13 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.23 Live farm-raised fish and farm-raised fish eggs. | FWS | [59 FR 41714, Aug. 15, 1994] | Live farm-raised fish and farm-raised fish eggs meet the definition of “bred in captivity” as stated in 50 CFR 17.3. Except for wildlife requiring a permit pursuant to parts 17 or 23 of this subchapter, live farm-raised fish and farm-raised fish eggs may be exported from any U.S. Customs port. | |||
| 50:50:1.0.1.2.8.2.7.14 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.24 Scientific specimens. | FWS | [61 FR 31869, June 21, 1996] | Except for wildlife requiring a permit pursuant to parts 16, 17, 18, 21, 22 or 23 of this subchapter, dead, preserved, dried, or embedded scientific specimens or parts thereof, imported or exported by accredited scientists or accredited scientific institutions for taxonomic or systematic research purposes may enter or exit through any U.S. Customs port, or may be shipped through the international mail system. Provided, that this exception will not apply to any specimens or parts thereof taken as a result of sport hunting. | |||
| 50:50:1.0.1.2.8.2.7.2 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.12 Designated ports. | FWS | [69 FR 70382, Dec. 6, 2004] | The following ports of entry are designated for the importation and exportation of wildlife and wildlife products and are referred to hereafter as “designated ports”: (a) Anchorage, Alaska. (b) Atlanta, Georgia. (c) Baltimore, Maryland. (d) Boston, Massachusetts. (e) Chicago, Illinois. (f) Dallas/Fort Worth, Texas. (g) Honolulu, Hawaii. (h) Houston, Texas. (i) Los Angeles, California. (j) Louisville, Kentucky. (k) Memphis, Tennessee. (l) Miami, Florida. (m) New Orleans, Louisiana. (n) New York, New York. (o) Portland, Oregon. (p) San Francisco, California. (q) Seattle, Washington. | |||
| 50:50:1.0.1.2.8.2.7.3 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.13 Emergency diversion. | FWS | Wildlife which has been imported into the United States at any port or place other than a designated port solely as a result of a diversion due to an aircraft or vessel emergency must proceed as an in-transit shipment under Customs bond to a designated port, or to any port where a permit or other provision of this part provides for lawful importation. | ||||
| 50:50:1.0.1.2.8.2.7.4 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.14 In-transit shipments. | FWS | (a) Wildlife destined for a point within the United States may be imported into the United States at any port if such wildlife proceeds as an in-transit shipment under Customs bond to a designated port, or to any port where a permit or other provision of this part provides for lawful importation. (b) Wildlife moving in-transit through the United States from one foreign country to another foreign country is exempt from the designated port requirements of this part, if such wildlife is not unloaded within the United States. | ||||
| 50:50:1.0.1.2.8.2.7.5 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.15 Personal baggage and household effects. | FWS | [45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31868, June 21, 1996] | (a) Any person may import into or export from the United States at any Customs port wildlife products or manufactured articles that are not intended for commercial use and are used as clothing or contained in accompanying personal baggage. However, this exception to the designated port requirement does not apply to any raw or dressed fur; raw, salted, or crusted hide or skin; game trophy; or to wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B. (b) Wildlife products or manufactured articles, including mounted game trophies or tanned hides, which are not intended for sale and are part of a shipment of the household effects of persons moving their residence to or from the United States may be imported or exported at any Customs port of entry. However, this exception to the designated port requirement does not apply to any raw fur; raw, salted, or crusted hide or skin; or to wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B. | |||
| 50:50:1.0.1.2.8.2.7.6 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.16 Border ports. | FWS | (a) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B, wildlife whose country of origin is Canada or the United States may be imported or exported at any of the following Customs ports of entry: (1) Alaska—Alcan; (2) Idaho—Eastport; (3) Maine—Calais, Houlton, Jackman; (4) Massachusetts—Boston; (5) Michigan—Detroit, Port Huron, Sault Sainte Marie; (6) Minnesota—Grand Portage, International Falls, Minneapolis-St. Paul; (7) Montana—Raymond, Sweetgrass; (8) New York—Buffalo-Niagara Falls, Champlain; (9) North Dakota—Dunseith, Pembina, Portal; (10) Ohio—Cleveland; (11) Vermont—Derby Line, Highgate Springs; and (12) Washington—Blaine, Sumas. (b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B, wildlife whose country of origin is Mexico or the United States may be imported or exported at any of the following Customs ports of entry: (1) Arizona—Lukeville, Nogales; (2) California—Calexico, San Diego-San Ysidro; and (3) Texas—Brownsville, El Paso, Laredo. (c) Except for wildlife requiring a permit pursuant to part 16, 17, 18, or 21 of this subchapter B, wildlife lawfully taken by U.S. residents in the United States, Canada, or Mexico and imported or exported for noncommercial purposes, may be imported or exported at any Customs port of entry. | ||||
| 50:50:1.0.1.2.8.2.7.7 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.17 Personally owned pet birds. | FWS | Any person may import a personally owned pet bird at any port designated under, and in accordance with, 9 CFR part 92. | ||||
| 50:50:1.0.1.2.8.2.7.8 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.18 Marine mammals. | FWS | Any person subject to the jurisdiction of the United States who has lawfully taken a marine mammal on the high seas and who is authorized to import such marine mammal in accordance with the Marine Mammal Protection Act of 1972 and implementing regulations (50 CFR parts 18 and 216) may import such marine mammal at any port or place. | ||||
| 50:50:1.0.1.2.8.2.7.9 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | B | Subpart B—Importation and Exportation at Designated Ports | § 14.19 Special ports. | FWS | (a) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B, wildlife which is imported for final destination in Alaska, Puerto Rico, or the Virgin Islands, may be imported through those Customs ports of entry named hereafter for the respective State or Territory of final destination: (1) Alaska—Alcan, Anchorage, Fairbanks, Juneau; (2) Puerto Rico—San Juan; and (3) Virgin Islands—San Juan, Puerto Rico. (b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B, wildlife which originates in Alaska, Puerto Rico, or the Virgin Islands, may be exported through the following Customs ports for the respective State or Territory: (1) Alaska—Alcan, Anchorage, Fairbanks, Juneau; (2) Puerto Rico—San Juan; and (3) Virgin Islands—San Juan, Puerto Rico. (c) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B, wildlife which has a final destination of Guam or which originates in Guam may be imported or exported, as appropriate, through the port of Agana, Guam. | ||||
| 50:50:1.0.1.2.8.3.7.1 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | C | Subpart C—Designated Port Exception Permits | § 14.31 Permits to import or export wildlife at nondesignated port for scientific purposes. | FWS | (a) General. The Director may, upon receipt of an application submitted in accordance with the provisions of this section and §§ 13.11 and 13.12 of this subchapter, and in accordance with the issuance criteria of this section, issue a permit authorizing importation or exportation of wildlife for scientific purposes at one or more named Customs port(s) of entry not otherwise authorized by subpart B. Such permits may authorize a single importation or exportation, a series of importations or exportations, or importation or exportation during a specified period of time. (b) Application procedure. Applications for permits to import or export wildlife at a nondesignated port for scientific purposes must be submitted to the Director. Each application must contain the general information and certification required by § 13.12(a) of this subchapter, plus the following additional information: (1) The scientific purpose or uses of the wildlife to be imported or exported; (2) The number and kinds of wildlife described by scientific and common names to be imported or exported where such number and kinds can be determined; (3) The country or place in which the wildlife was removed from the wild (if known), or where born in captivity; (4) The port(s) of entry where importation or exportation is requested, and the reasons why importation or exportation should be allowed at the requested port(s) of entry rather than at a designated port; and (5) A statement as to whether the exception is being requested for a single shipment, a series of shipments, or shipments over a specified period of time and the date(s) involved. (c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, permits to import or export wildlife at a nondesignated port issued under this section are subject to the following condition: Permittee shall file such reports as specified on the permit, if any. (d) Issuance criteria. The Director shall consider the following in determining whether to i… | ||||
| 50:50:1.0.1.2.8.3.7.2 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | C | Subpart C—Designated Port Exception Permits | § 14.32 Permits to import or export wildlife at nondesignated port to minimize deterioration or loss. | FWS | [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 FR 31869, June 21, 1996] | (a) General. The Director may, upon receipt of an application submitted in accordance with the provisions of this section and §§ 13.11 and 13.12 of this subchapter, and in accordance with the issuance criteria of this section, issue a permit authorizing importation or exportation of wildlife, in order to minimize deterioration or loss, at one or more named Customs port(s) of entry not otherwise authorized by subpart B. Such permits may authorize a single importation or exportation, a series of importations or exportations, or importation or exportation during a specified period of time. (b) Application procedure. Applications for permits to import or export wildlife at a nondesignated port to minimize deterioration or loss must be submitted to the Director. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, plus the following additional information: (1) The number and kinds of wildlife described by scientific and common names to be imported or exported where such number and kinds can be determined; (2) The country or place in which the wildlife was removed from the wild (if known), or where born in captivity; (3) The port(s) of entry where importation or exportation is requested, and the reasons why importation or exportation should be allowed at the requested port(s) of entry rather than at a designated port (information must be included to show that an importation or exportation at a designated port would result in a substantial deterioration or loss of the wildlife); and (4) A statement as to whether the exception is being requested for a single shipment, a series of shipments, or shipments over a specified period of time and the date(s) involved. (c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, permits to import or export wildlife at a nondesignated port issued under this section are to be subject to the following conditions: (1) Permittee shall file such reports as ma… | |||
| 50:50:1.0.1.2.8.3.7.3 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | C | Subpart C—Designated Port Exception Permits | § 14.33 Permits to import or export wildlife at nondesignated port to alleviate undue economic hardship. | FWS | [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 FR 31869, June 21, 1996] | (a) General. The Director may, upon receipt of an application submitted in accordance with the provisions of this section and §§ 13.11 and 13.12 of this subchapter, and in accordance with the issuance criteria of this section, issue a permit authorizing importation or exportation of wildlife in order to alleviate undue economic hardship at one or more named Customs port(s) of entry not otherwise authorized by subpart B. Such permits may authorize a single importation or exportation, a series of importations or exportations, or importation or exportation during a specified period of time. (b) Application procedure. Applications for permits to import or export wildlife at a nondesignated port to alleviate undue economic hardship must be submitted to the Director. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, plus the following additional information: (1) The number and kinds of wildlife described by scientific and common names to be imported or exported, where such number and kinds can be determined, and a description of the form in which it is to be imported, such as “live,” “frozen,” “raw hides,” or a full description of any manufactured product; (2) The country or place in which the wildlife was removed from the wild (if known), or where born in captivity; (3) The name and address of the supplier or consignee; (4) The port(s) of entry where importation or exportation is requested, and the reasons why importation or exportation should be allowed at the requested port(s) of entry rather than at a designated port (information must be included to show the monetary difference between the cost of importation or exportation at the port requested and the lowest cost of importation or exportation at the port through which importation or exportation is authorized by subpart B without a permit); and (5) A statement as to whether the exception is being requested for a single shipment, a series of shipments, or shipments over a specified period of… | |||
| 50:50:1.0.1.2.8.5.7.1 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | E | Subpart E—Inspection and Clearance of Wildlife | § 14.51 Inspection of wildlife. | FWS | [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 FR 52889, Dec. 26, 1985] | Subject to applicable limitations of law, Service officers and Customs officers may detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation or exportation. The Director may charge reasonable fees, including salary, overtime, transportation and per diem of Service officers, for wildlife import or export inspections specially requested by the importer or exporter at times other than regular work hours or locations other than usual for such inspections at the port. | |||
| 50:50:1.0.1.2.8.5.7.2 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | E | Subpart E—Inspection and Clearance of Wildlife | § 14.52 Clearance of imported wildlife. | FWS | [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 FR 52889, Dec. 26, 1985; 61 FR 31869, June 21, 1996] | (a) Except as otherwise provided by this subpart, a Service officer must clear all wildlife imported into the United States prior to release from detention by Customs officers. A Service officer must clear all wildlife to be exported from the United States prior to the physical loading of the merchandise on a vehicle or aircraft, or the containerization or palletizing of such merchandise for export, unless a Service officer expressly authorizes otherwise. Such clearance does not constitute a certification of the legality of an importation or exportation under the laws or regulations of the United States. (b) An importer/exporter or his/her agent may obtain clearance by a Service officer only at designated ports (§ 14.12), at border ports (§ 14.16), at special ports (§ 14.19), or at a port where importation or exportation is authorized by a permit issued under subpart C of this part. An importer/exporter must return forthwith any wildlife released without a Service officer's clearance or clearance by Customs for the Service under authority of § 14.54 to a port where clearance may be obtained pursuant to this subpart. (c) To obtain clearance, the importer, exporter, or the importer's or exporter's agent will make available to a Service officer or a Customs officer acting under § 14.54: (1) All shipping documents (including bills of lading, waybills and packing lists or invoices); (2) All permits, licenses or other documents required by the laws or regulations of the United States; (3) All permits or other documents required by the laws or regulations of any foreign country; (4) The wildlife being imported or exported; and (5) Any documents and permits required by the country of export or re-export for the wildlife. | |||
| 50:50:1.0.1.2.8.5.7.3 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | E | Subpart E—Inspection and Clearance of Wildlife | § 14.53 Detention and refusal of clearance. | FWS | [61 FR 31869, June 21, 1996] | (a) Detention. Any Service officer, or Customs officer acting under § 14.54, may detain imported or exported wildlife and any associated property. As soon as practicable following the importation or exportation and decision to detain, the Service will mail a notice of detention by registered or certified mail, return receipt requested, to the importer or consignee, or exporter, if known or easily ascertainable. Such notice must describe the detained wildlife or other property, indicate the reason for the detention, describe the general nature of the tests or inquiries to be conducted, and indicate that if the releasability of the wildlife has not been determined within 30 days after the date of the notice, or a longer period if specifically stated, that the Service will deem the wildlife to be seized and will issue no further notification of seizure. (b) Refusal of clearance. Any Service officer may refuse clearance of imported or exported wildlife and any Customs officer acting under § 14.54 may refuse clearance of imported wildlife when there are responsible grounds to believe that: (1) A Federal law or regulation has been violated; (2) The correct identity and country of origin of the wildlife has not been established (in such cases, the burden is upon the owner, importer, exporter, consignor, or consignee to establish such identity by scientific name to the species level or, if any subspecies is protected by the laws of this country or the country of origin to the subspecies level); (3) Any permit, license, or other documentation required for clearance of such wildlife is not available, is not currently valid, has been suspended or revoked, or is not authentic; (4) The importer, exporter, or the importer's or exporter's agent has filed an incorrect or incomplete declaration for importation or exportation as provided in § 14.61 or § 14.63; or (5) The importer, exporter, or the importer's or exporter's agent has not paid any fee or portion of balance due for inspection fees required by § 14.93 or § 14… | |||
| 50:50:1.0.1.2.8.5.7.4 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | E | Subpart E—Inspection and Clearance of Wildlife | § 14.54 Unavailability of Service officers. | FWS | [45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996] | (a) Designated ports. All wildlife arriving at a designated port must be cleared by a Service officer prior to Customs clearance and release. When importers or their agents expect live or perishable shipments of wildlife or wildlife products or request inspection at the time of arrival, they must notify the Service at least 48 hours prior to the estimated time of arrival. However, where a Service officer is not available within a reasonable time, Customs Officers may clear live or perishable wildlife subject to post-clearance inspection and investigation by the Service. (b) Border and special ports. Wildlife lawfully imported at Canadian or Mexican border ports under § 14.16, or into Alaska, Puerto Rico, or the Virgin Islands, under § 14.19, may, if a Service officer is not available within a reasonable time, be cleared by Customs officers, subject to post-clearance inspection and investigation by the Service. (c) Permit imports. Wildlife imported at a nondesignated port in accordance with the terms of a valid permit issued under subpart C of this part, may, if a Service officer is not available within a reasonable time, be cleared by Customs officers, subject to post-clearance inspection and investigation by the Service. (d) Personal baggage and household effects. Wildlife lawfully imported at any port of entry under § 14.15, may, if a Service officer is not available within a reasonable time, be cleared by Customs officers, subject to post-clearance inspection and investigation by the Service. (e) Personally owned pet birds. Personally owned pet birds lawfully imported at a port of entry under § 14.17, may, if a Service officer is not available within a reasonable time, be cleared by Customs officers, subject to post-clearance inspection and investigation by the Service. (f) Exports. Exporters or their agents must notify the Service and make the shipment available for inspection at least 48 hours prior to the estimated time of exportation of any wildlife. | |||
| 50:50:1.0.1.2.8.5.7.5 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | E | Subpart E—Inspection and Clearance of Wildlife | § 14.55 Exceptions to clearance requirements. | FWS | [45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996] | Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter B, clearance is not required for the importation of the following wildlife: (a) Shellfish and fishery products imported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes; (b) Marine mammals lawfully taken on the high seas by United States residents and imported directly into the United States; and (c) Certain antique articles as specified in § 14.22 which have been released from custody by Customs officers under 19 U.S.C. 1499. (d) Dead, preserved, dried, or embedded scientific specimens or parts thereof, imported or exported by accredited scientists or accredited scientific institutions for taxonomic or systematic research purposes. Except: That this exception will not apply to any specimens or parts thereof taken as a result of sport hunting. | |||
| 50:50:1.0.1.2.8.6.7.1 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | F | Subpart F—Wildlife Declarations | § 14.61 Import declaration requirements. | FWS | [61 FR 49980, Sept. 24, 1996] | Except as otherwise provided by the regulations of this subpart, importers or their agents must file with the Service a completed Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177), signed by the importer or the importer's agent, upon the importation of any wildlife at the place where Service clearance under § 14.52 is requested. However, wildlife may be transshipped under bond to a different port for release from custody by Customs Service officers under 19 U.S.C. 1499. For certain antique articles as specified in § 14.22, importers or their agents must file a Form 3-177 with the District Director of Customs at the port of entry prior to release from Customs custody. Importers or their agents must furnish all applicable information requested on the Form 3-177 and the importer, or the importer's agent, must certify that the information furnished is true and complete to the best of his/her knowledge and belief. | |||
| 50:50:1.0.1.2.8.6.7.2 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | F | Subpart F—Wildlife Declarations | § 14.62 Exceptions to import declaration requirements. | FWS | [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 FR 31870, June 21, 1996] | (a) Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter B, an importer or his/her agent does not have to file a Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177) for importation of shellfish and fishery products imported for purposes of human or animal consumption, or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes; (b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B, a Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177) does not have to be filed for importation of the following: (1) Fish taken for recreational purposes in Canada or Mexico; (2) Wildlife products or manufactured articles that are not intended for commercial use and are used as clothing or contained in accompanying personal baggage, except that an importer or his/her agent must file a Form 3-177 for raw or dressed furs; for raw, salted, or crusted hides or skins; and for game or game trophies; and (3) Wildlife products or manufactured articles that are not intended for commercial use and are a part of a shipment of the household effects of persons moving their residence to the United States, except that an importer or his/her agent must file a declaration for raw or dressed furs and for raw, salted, or crusted hides or skins. (c) General declarations for certain specimens. Notwithstanding the provisions of 14.61 and except for wildlife included in paragraph (d) of this section, an importer or his/her agent may describe in general terms on a Declaration for the Importation or Exportation of Fish or Wildlife (Form 3-177) scientific specimens imported for scientific institutions for taxonomic, systematic research, or faunal survey purposes. An importer or his/her agent must file an amended Form 3-177 within 180 days after filing of the general declaration with the Service. The declaration must identify specimens to the most accurate taxonomic classification… | |||
| 50:50:1.0.1.2.8.6.7.3 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | F | Subpart F—Wildlife Declarations | § 14.63 Export declaration requirements. | FWS | Except as otherwise provided by the regulations of this subpart, a completed Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177) signed by the exporter, or the exporter's agent, shall be filed with the Service prior to the export of any wildlife at the port of exportation as authorized in subpart B of this part. All applicable information requested on the Form 3-177 shall be furnished, and the exporter or the exporter's agent shall certify that the information furnished is true and complete to the best of his/her knowledge and belief. | ||||
| 50:50:1.0.1.2.8.6.7.4 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | F | Subpart F—Wildlife Declarations | § 14.64 Exceptions to export declaration requirements. | FWS | [45 FR 56673, Aug. 25, 1980, as amended at 59 FR 41714, Aug. 15, 1994; 61 FR 31870, June 21, 1996] | (a) Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter B, an exporter or his/her agent does not have to file a Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177) for the exportation of shellfish and fishery products exported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes, and does not have to file for the exportation of live aquatic invertebrates of the Class Pelecypoda (commonly known as oysters, claims, mussels, and scallops) and the eggs, larvae, or juvenile forms thereof exported for purposes of propagation, or research related to propagation. (b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B, a Declaration for the Importation or Exportation of Fish or Wildlife (Form 3-177) does not have to be filed for the exportation of the following: (1) Wildlife that is not intended for commercial use where the value of such wildlife is under $250; (2) Wildlife products or manufactured articles, including game trophies, that are not intended for commercial use and are used as clothing or contained in accompanying personal baggage or are part of a shipment of the household effects of persons moving their residence from the United States; and (3) Shipments of dead, preserved, dried, or embedded scientific specimens or parts thereof, exported by accredited scientists or accredited scientific institutions for taxonomic or systematic research purposes. An exporter or his/her agent must file a Form 3-177 within 180 days of exportation with the appropriate Assistant Regional Director—Law Enforcement in the Region where the exportation occurs. The declaration must identify the specimens to the most accurate taxonomic classification reasonably practicable using the best available taxonomic information, and must declare the country of origin. Except: That this exception will not apply to any specimens or parts th… | |||
| 50:50:1.0.1.2.8.8.7.1 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | H | Subpart H—Marking of Containers or Packages | § 14.81 Marking requirement. | FWS | [61 FR 31870, June 21, 1996] | Except as otherwise provided in this subpart, no person may import, export, or transport in interstate commerce any container or package containing any fish or wildlife (including shellfish and fishery products) unless he/she marks each container or package conspicuously on the outside with both the name and address of the shipper and consignee. An accurate and legible list of its contents by species scientific name and the number of each species and whether or not the listed species are venomous must accompany the entire shipment. | |||
| 50:50:1.0.1.2.8.8.7.2 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | H | Subpart H—Marking of Containers or Packages | § 14.82 Alternatives and exceptions to the marking requirement. | FWS | [52 FR 45341, Nov. 27, 1987, as amended at 61 FR 31871, June 21, 1996] | (a) The requirements of § 14.81 may be met by complying with one of the following alternatives to the marking requirement: (1)(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by species, and (ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment which accurately states the name and address of the shipper and consignee, states the total number of packages or containers in the shipment, and for each species in the shipment specifies: (A) The common name that identifies the species (examples include: Chinook (or king) salmon; bluefin tuna; and whitetail deer) and whether or not the listed species is venomous; and (B) The number of that species (or other appropriate measure of quantity such as gross or net weight). The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside of one container or package in the shipment or otherwise physically accompany the shipment in a manner which makes it readily accessible for inspection; or (2) Affixing the shipper's wildlife import/export license number preceded by the three letters “FWS” on the outside of each container or package containing fish or wildlife, if the shipper has valid wildlife import/export license issued under authority of 50 CFR part 14. For each shipment marked in accordance with this paragraph, the records maintained under § 14.93(c) must include a copy of the invoice, packing list, bill of lading, or other similar document that accurately states the information required by paragraph (a)(1)(ii) of this section. (3) In the case of subcontainers or packages within a larger packing container, only the outermost container must be marked in accordance with this section. Except, that for live fish or wildlife that are packed in subcontainers within a larger packing container, if the subcontainers are numbered or… | |||
| 50:50:1.0.1.2.8.9.7.1 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | I | Subpart I—Import/Export Licenses and Inspection Fees | § 14.91 When do I need an import/export license? | FWS | (a) The Endangered Species Act (16 U.S.C. 1538(d)(1)) makes it unlawful for any person to engage in business as an importer or exporter of certain fish or wildlife without first having obtained permission from the Secretary. For the purposes of this subchapter, engage in business means to import or export wildlife for commercial purposes. (b) Except as provided in § 14.92, if you engage in the business of importing or exporting wildlife for commercial purposes (see § 14.4), you must obtain an import/export license prior to importing or exporting your wildlife shipment. (c) The following table includes some examples of when an import/export license is required: | ||||
| 50:50:1.0.1.2.8.9.7.2 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | I | Subpart I—Import/Export Licenses and Inspection Fees | § 14.92 What are the exemptions to the import/export license requirement? | FWS | [73 FR 74628, Dec. 9, 2008, as amended at 84 FR 29808, June 25, 2019] | (a) Certain wildlife. Any person may engage in business as an importer or exporter of the following types of wildlife without obtaining an import/export license: (1) Shellfish (see § 10.12 of this chapter) and nonliving fishery products that do not require a permit under parts 16, 17, or 23 of this subchapter, and are imported or exported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes; (2) Live farm-raised fish and farm-raised fish eggs of species that do not require a permit under parts 16, 17, or 23 of this subchapter, that meet the definition of “bred-in-captivity” as stated in § 17.3 of this subchapter and that are for export only; and (3) Live aquatic invertebrates of the Class Pelecypoda, commonly known as oysters, clams, mussels, and scallops, and their eggs, larvae, or juvenile forms, that do not require a permit under parts 16, 17, or 23 of this subchapter, and are exported only for the purposes of propagation or research related to propagation; and (4) Pearls that do not require a permit under parts 16, 17, or 23 of this subchapter. (5)(i) Except as provided in paragraphs (a)(5)(ii) and (iii) of this section, green sea urchins, Strongylocentrotus droebachiensis, including any products of that species, that: (A) Do not require a permit under part 16, 17, or 23 of this subchapter; (B) Are taken in waters under the jurisdiction of the United States or are imported into the United States for processing pursuant to the licensing requirements of § 14.91; and (C) Are exported for purposes of human or animal consumption. (ii) The exemption in paragraph (a)(5)(i) of this section does not apply to any person who has been convicted of one or more violations of a Federal law relating to the importation, transportation, or exportation of wildlife during the previous 5 years. (iii) The exemption in paragraph (a)(5)(i) of this section does not apply in any State that does not annually provide “conser… | |||
| 50:50:1.0.1.2.8.9.7.3 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | I | Subpart I—Import/Export Licenses and Inspection Fees | § 14.93 How do I apply for an import/export license? | FWS | (a) Application form. You must submit a completed FWS Form 3-200-3, including the certification found on the form and in § 13.12(a) of this subchapter, to the appropriate regional Special Agent in Charge under the provisions of this subpart and part 13 of this subchapter. (b) Import/export license conditions. In addition to the general permit conditions in part 13 of this subchapter, you must comply with the following conditions: (1) You must comply with all requirements of this part, all other applicable parts of this subchapter, and any specific conditions or authorizations described on the face of, or on an annex to, the import/export license; (2) You must pay all applicable license and inspection fees as required in § 14.94; (3) You are responsible for providing current contact information to us, including a mailing address where you will receive all official notices the Service sends; (4) You must keep, in a U.S. location, the following records that completely and correctly describe each import or export of wildlife that you made under the import/export license and, if applicable, any subsequent disposition that you made of the wildlife, for a period of 5 years: (i) A general description of the wildlife, such as “live,” “raw hides,” “fur garments,” “leather goods,” “footwear,” or “jewelry”; (ii) The quantity of the wildlife, in numbers, weight, or other appropriate measure; (iii) The common and scientific names of the wildlife; (iv) The country of origin of the wildlife, if known, as defined in § 10.12 of this subchapter; (v) The date and place the wildlife was imported or exported; (vi) The date of the subsequent disposition, if applicable, of the wildlife and the manner of the subsequent disposition, whether by sale, barter, consignment, loan, delivery, destruction, or other means; (vii) The name, address, telephone, and e-mail address, if known, of the person or business who received the wildlife; (viii) Copies of all permits required by the laws and regulations of the United States; and … | ||||
| 50:50:1.0.1.2.8.9.7.4 | 50 | Wildlife and Fisheries | I | B | 14 | PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE | I | Subpart I—Import/Export Licenses and Inspection Fees | § 14.94 What fees apply to me? | FWS | [73 FR 74628, Dec. 9, 2008, as amended at 77 FR 65326, Oct. 26, 2012] | (a) Import/export license application fees. You must pay the application and amendment fees, as defined in § 13.11(d)(4), for any required import/export license processed under § 14.93 and part 13 of this subchapter. (b) Designated port exception permit application fees. You must pay the application and amendment fees, as defined in § 13.11(d)(4), for any required designated port exception permit processed under subpart C of this part. (c) Designated port base inspection fees. Except as provided in paragraph (k) of this section, an import/export license holder must pay a base inspection fee, as defined in § 14.94(h)(1), for each wildlife shipment imported or exported at a designated port or a port acting as a designated port. You can find a list of designated ports in § 14.12 and the criteria that allow certain ports to act as designated ports in §§ 14.16-14.19, § 14.22, and § 14.24 of this part. (d) Staffed nondesignated port base inspection fees. You must pay a nondesignated port base inspection fee, as defined in § 14.94(h)(2), for each wildlife shipment imported or exported at a staffed nondesignated port, using a designated port exception permit issued under subpart C of this part. This fee is in place of, not in addition to, the designated port base fee. (e) Nonstaffed, nondesignated port base inspection fees. You must pay a nondesignated port base inspection fee, as defined in § 14.94(h)(3), for each wildlife shipment imported or exported at a nonstaffed, nondesignated port using a designated port exception permit issued under subpart C of this part. You must also pay all travel, transportation, and per diem costs associated with inspection of the shipment. These fees are in place of, not in addition to, the designated port base fee. The Service will prorate charges for travel, transportation, and per diem costs if multiple importers or exporters require inspection at the same time at the same location. All applicable base and premium fees apply to each shipment. (f) Premium inspection fees… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);